DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 244 of 10-09-2009<br /> Decided on : 08-02-2010 <br /> <br /> Krishna Devi W/o Sh. Kundan Lal, aged about 62 years, R/o Village Kot Bakhtu, Tehsil Talwandi Sabo, District Bathinda.<br /> .... Complainant<br /> Versus<br /> <br /> 1.Life Insurance Corporation of India, Jeevan Jyoti, Building Bibiwala Road, Bathinda, through its Chief Manager.<br /> 2.Life Insurance Corporation of India, Feroze Gandhi Market, Divisional Office, Ludhiana through its Divisional Manager<br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Ms. Vikramjit Kaur Soni, President<br /> Dr. Phulinder Preet, Member<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Updeep Singh Brar<br /> Counsel the complainant <br /> For the Opposite parties : Sh. Inderjit Singh, counsel for<br /> opposite parties. <br /> <br /> O R D E R<br /> <br /> VIKRAMJIT KAUR SONI, PRESIDENT <br /> <br /> 1. Briefly stated the case of the complainant is that she obtained Life Insurance Policy from the opposite parties in the year 1994 vide policy No. 160670485. She paid total premium amount of Rs. 19,723/- upto 1999 to the opposite parties and did not withdraw any amount out of the said amount. She was in need of money and accordingly, she requested the opposite parties to refund the amount of the Insurance policy alongwith upto date interest. The opposite parties did not refund any amount to her rather proclaimed that she has already got refund of Rs. 10,000/- and offered to refund only Rs. 8,000/-. Hence, this complaint for issuing directions to the opposite parties to refund the total amount of the Insurance policy alongwith upto date interest and also pay compensation and costs.<br /> 2. The opposite parties filed written version and submitted that the complainant has only deposited 11 installments each amounting to Rs. 1793/- upto February, 1999 and thereafter she failed to deposit the installments for July 1999 and policy became lapsed. Surrender value was payable after completion of requirements which, she failed to complete. Claim of the complainant was settled as per terms and conditions of the policy and an amount of Rs. 10,000/- was paid to her as full and final settlement of the claim and nothing remained due.<br /> 3. Parties have led evidence besides filing affidavits in support of their respective pleadings.<br /> 4. We have heard the learned counsel for the parties and have also gone through the record. <br /> 5. During the pendency of complaint, opposite parties offered cheque of Rs. 11,383/- as the surrender value whereas in para No. 4 of the written submission filed by the opposite parties, it has been stressed that nothing is due towards the complainant. If that was so, then there was no need to make payment of amount of Rs. 11,383/-, which has been made during the pendency of this complaint. This clearly shows that amount was due to the complainant but the opposite parties intentionally withheld the amount, which is deficiency in service on their part.<br /> 6. The complainant is an old lady of 62 years who has suffered mental agony and harassment due to careless attitude of the opposite parties. Hence, this complaint is partly accepted. This Forum directs the opposite parties to pay Rs. 3,000/- as compensation to complainant for her mental harassment and agony and Rs. 2,000/- as legal expenses borne by her, jointly and severally, within 45 days from the date of receipt of copy of this order.<br /> Copy of this order be sent to the parties concerned free of cost and the file be consigned to record.<br /> Pronounced :<br /> 08-02-2010 <br /> (Vikramjit Kaur Soni)<br /> President<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member <br /> <br /> <br /> (Amarjeet Paul) *ik Member